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Offensive communication: lawyer Isaac Ssemakadde summoned by police

The Criminal Investigations Division of the Uganda Police Force has summoned Isaac Ssemakadde for questioning regarding remarks he allegedly made in relation to Justice Musa Ssekaana, a judge with the High Court of Uganda and Head of its Civil Division.

Isaac Semakadde

The Directorate of Criminal Investigations is conducting inquiries into alleged offensive communication to the prejudice of Hon. Justice Ssekaana Musa. You are required to report to CID headquarters on 28/02/2022 at 1000hrs and you will particularly report to officer in charge of cyber crime D/SSP Kayiza Henry who will guide you on what is required,” the letter dated February 21 to Ssemakadde partly reads.

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Ssemakadde, the founder and Chief Executive Officer of Legal Brains Trust, recently wrote to the Chief Registrar asking for a record of proceedings of this year’s Judges’ Conference in order to furnish himself with the requisite information to make a legal decision.

His letter arose from a resolution by the conferential judges that they would not entertain cyber bullying by lawyers such as Male Mabirizi and Ssemakadde.

The judges agreed that the two lawyers made statements on social media deemed to be a form of cyber bullying against judicial officers, statements which supposedly reflect the offence of offensive communication contrary to section 25 of the Computer Misuse Act of 2011.

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The said Act states: “that any person who willfully and repeatedly uses electronic communication to disturb or attempt to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanor and is liable on conviction to a fine not exceeding 24 currency points or imprisonment not exceeding one year or both.”

Ssemakadde’s summons follow yesterday’s arrest of Hassan Male Mabirizi by police to serve an 18 month jail sentence over contempt of court.

Mabirizi, a highly controversial lawyer, had gone to ground for over a week since the High Court ordered his immediate arrest to serve 18 months in jail for contempt of court.

Accordingly, he was arrested by police at the entrance of Kyambogo University and taken to Kitalya prison, Kampala Metropolitan deputy Police spokesperson, Luke Owoyesigyire, confirmed.

On February 15 an arrest warrant was issued against Mabirizi that expressly stated that he be taken to prison upon arrest.

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The Uganda Prisons spokesperson, Frank Baine, confirmed that Mabirizi was delivered to prison at 7:30pm yesterday.

A week ago, the High Court in Kampala sentenced Male Mabirizi to 18 months' imprisonment over contempt of court.

The controversial lawyer had been ordered by the same court to pay a fine of shs 300 million over contempt of court, however Mabirizi looked askance at the ruling and refused to pay the fine.

State Attorney Patricia Mutesi revealed to the High Court that Mabirizi, instead of paying the fine as he was directed to do, continued making “contemptuous posts” on his social media platforms.

These posts involved constant and consistent attacks on the person and dignity of Justice Musa Ssekaana and the Judiciary.

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The State Attorney added that such posts left no room for forgiveness as Mabirizi was unrepentant for his misconduct and so he was sentenced to prison for contempt of court.

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court.

Mutesi informed court that in one of his social media posts, Mabirizi described the shs300 million fine as being “null and void”, a statement that she claims is a direct attack on the courts of law and the judiciary.

However, Mabirizi’s lawyer Noel Nuwe, coming quickly to his client’s defence, asked court to allow his client to be granted a fair hearing over the said posts, adding that he was not aware of any court order stopping him from taking issue with judicial officers in the said manner.

Nuwe said his client would like his day in court to defend and explain himself.

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However, Justice Musa Ssekaana said Mabirizi has never presented himself nor filed any affidavits to defend himself over what he has been accused of in court and yet court had given him ample opportunity to do so.

The judge said the only option left was sending him to prison.

Mabirizi never presented himself to court after being summoned and neither did he file affidavits to deny the allegations against him. Court has been left with no option but to order for his arrest on sight and be taken to prison for 18 months,” Ssekaana ruled.

On several occasions, he added, he had been forced to make rulings serving as injunctions against Mabirizi attacking judicial officers. However, these rulings have never stopped Mabirizi from casting aspersions on the Judiciary.

Consequently, Justice Ssekaana ordered for Mabirizi’s immediate arrest in order for the outspoken lawyer to serve an 18-month prison sentence.

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